Constitutional Framework of UPSC
The Union Public Service Commission (UPSC) serves as India's premier central recruiting agency, tasked with selecting candidates for key civil services and posts under the Union government. What sets it apart is its status as an independent constitutional body, established directly by the Indian Constitution itself rather than through ordinary legislation. This foundational role is enshrined in Articles 315 to 323 of Part XIV, which provide comprehensive guidelines on the Commission's composition, the appointment and removal of its members, and safeguards for its autonomy, alongside detailing its expansive powers and functions.
UPSC Composition, Appointment and Tenure
The Union Public Service Commission (UPSC) is led by a Chairman and a select group of members, all appointed by the President of India. While the Constitution does not fix the Commission's size, it grants the President full discretion to determine its composition. In practice, the UPSC typically comprises nine to eleven members, including the Chairman. No rigid qualifications govern membership, save for one key requirement: at least half of the members must have served for a minimum of ten years either under the Government of India or a state government. The President also holds the authority to set the terms and conditions of service for both the Chairman and members.
Members, including the Chairman, serve for a fixed term of six years or until they reach the age of 65, whichever comes first. They may resign at any time by submitting a letter to the President and can be removed before their term ends only through the specific procedure outlined in the Constitution. To ensure continuity, the President may designate one of the existing members as Acting Chairman in two scenarios: when the Chairman's office falls vacant, or when the Chairman is temporarily unable to discharge duties due to absence or other reasons. The Acting Chairman continues in this role until a new Chairman assumes office or the original Chairman resumes responsibilities.
Removal of UPSC Chairman and Members
The President holds the authority to remove the Chairman or any other member of the UPSC under specific circumstances outlined in the Constitution. These include cases where the individual is adjudged insolvent (meaning bankrupt), engages in paid employment outside their official duties during their term, or is deemed unfit to continue due to infirmity of mind or body, as determined by the President.
Beyond these grounds, removal can also occur for misbehaviour, but this requires a more rigorous process. The President must first refer the matter to the Supreme Court for inquiry. If the Court, upon investigation, upholds the allegations and advises removal, the President is constitutionally bound to act on that advice. During the inquiry, the President may suspend the Chairman or member pending the outcome.
The Constitution precisely defines "misbehaviour" in this context: it occurs if the Chairman or member (a) has any concern or interest in a contract or agreement entered into by the Government of India or a state government, or (b) participates in any profit or benefit from such a contract, except as a member of an incorporated company alongside other shareholders.
Safeguarding the Independence of the Union Public Service Commission
The Indian Constitution meticulously safeguards the independence and impartiality of the Union Public Service Commission (UPSC) through a series of robust provisions. These measures insulate the Commission from executive or legislative interference, ensuring its members can function without fear or favor.
Foremost is the security of tenure for the Chairman and members. They can be removed from office by the President only on specific constitutional grounds—such as proven misbehavior or incapacity—and through an identical process to that for a Supreme Court judge. Additionally, once appointed, their conditions of service, determined by the President, cannot be altered to their disadvantage. This protects them from post-appointment pressures.
Financial autonomy further bolsters this independence. The salaries, allowances, and pensions of the Chairman and members are charged directly on the Consolidated Fund of India, bypassing the need for parliamentary approval through voting. This shields the Commission's budget from political bargaining.
To prevent conflicts of interest or undue influence, strict post-retirement rules apply. Upon ceasing office, the Chairman is ineligible for any further employment under the Government of India or a state government. A member, however, may be appointed as UPSC Chairman or Chairman of a State Public Service Commission (SPSC), but no other government position. Moreover, neither the Chairman nor a member is eligible for reappointment to the UPSC after completing their term, reinforcing their detachment from future favors or obligations.
These constitutional safeguards collectively empower the UPSC to uphold merit-based recruitment, free from external sway.
Functions of the Union Public Service Commission
The Union Public Service Commission (UPSC) plays a pivotal role in India's civil services framework by conducting competitive examinations for recruitment to the All-India Services, Central Services, and public services in Union Territories. Beyond this, the UPSC extends assistance to states upon request from two or more of them, helping to design and implement joint recruitment schemes for positions requiring specialized qualifications. It also fulfills specific needs of individual states when requested by the state governor and approved by the President of India, ensuring a coordinated approach to public service staffing across the nation.
In matters of personnel management, the UPSC serves as a key advisory body to the Government of India. It offers consultations on critical aspects such as recruitment methods for civil services and posts; principles governing appointments, promotions, and transfers between services; and the suitability of candidates for such roles, including recommendations for promotions that departments seek to have ratified. The Commission also advises on all disciplinary proceedings against civil servants under the central government. These include measures like censure, withholding of increments or promotions, recovery of financial losses, reduction in rank or service (demotion), compulsory retirement, removal from service, and dismissal. Further, it assesses claims for reimbursing legal expenses incurred by civil servants defending actions arising from their official duties; pensions for injuries sustained in service; temporary appointments exceeding one year or their regularization; extensions of service or re-employment for retired officials; and any other personnel-related issues.
The Supreme Court has clarified that while consultation with the UPSC is expected in these areas, failure to do so does not invalidate government decisions, rendering the provision directory rather than mandatory. Aggrieved public servants thus have no judicial remedy for such lapses. Similarly, a UPSC selection does not guarantee a right to the post, though the government must act fairly, avoiding arbitrariness or mala fides.
Parliament holds the authority to expand the UPSC's functions concerning Union services or to bring the personnel systems of any authority, corporate body, or public institution under its purview through legislation, thereby broadening its jurisdiction as needed.
Each year, the UPSC submits a performance report to the President, who lays it before both Houses of Parliament alongside a memorandum. This memorandum details instances where the Commission's advice was not followed, the reasons for such decisions, and confirmation that all non-acceptances were approved by the Appointments Committee of the Union Cabinet. No individual ministry or department can unilaterally reject the UPSC's recommendations, underscoring the Commission's independent stature.
Limitations on the UPSC's Functional Jurisdiction
While the Union Public Service Commission (UPSC) serves as a key advisory body on civil service matters, certain areas fall outside its purview, meaning the government need not consult it. These exclusions ensure flexibility in specific affirmative action and administrative decisions. For instance, the UPSC is not involved in implementing reservations for appointments or posts in favor of any backward class of citizens. Similarly, it does not advise on considering claims from Scheduled Castes and Scheduled Tribes during recruitment to services and posts. Other exemptions include selections for chairmanships or memberships of commissions and tribunals, high-level diplomatic positions, and the vast majority of Group C and Group D roles. Additionally, temporary or officiating appointments—where the appointee is unlikely to hold the post for more than one year—are handled without UPSC input.
Beyond these constitutional carve-outs, the President holds the authority to further limit the UPSC's role. Under the Constitution, the President may issue regulations for All-India Services and Central services or posts, specifying matters where consultation with the UPSC is unnecessary. This provision allows tailored exclusions as needed. However, to maintain accountability, all such regulations must be laid before each House of Parliament for at least 14 days. During this period, or thereafter, Parliament retains the power to amend or repeal them, ensuring democratic oversight.
UPSC Advisory Role and Limits
The Indian Constitution envisages the Union Public Service Commission (UPSC) as the vigilant guardian of the merit system in public administration. Tasked primarily with recruiting personnel to All-India Services and Central Group 'A' and Group 'B' posts, the UPSC also offers advice to the government—when consulted—on matters of promotion and discipline. Notably, it does not handle service classification, pay scales, working conditions, cadre management, or training. These responsibilities fall under the Department of Personnel and Training (DoPT), one of the three key departments within the Ministry of Personnel, Public Grievances and Pensions. In essence, the UPSC serves as India's central recruiting agency, while the DoPT functions as the central personnel agency.
The UPSC's mandate remains deliberately limited, and its recommendations carry only advisory weight, leaving the Union government free to accept or reject them. The primary check on such decisions lies in the government's accountability to Parliament for any deviations. Additionally, the government holds the authority to frame rules that define and regulate the scope of the UPSC's advisory role.
This framework shifted somewhat with the establishment of the Central Vigilance Commission (CVC) in 1964, which introduced overlap in disciplinary proceedings. Both bodies are now consulted by the government when addressing misconduct by civil servants, occasionally leading to conflicting advice. However, the UPSC retains a clear advantage as an independent constitutional authority, in contrast to the CVC, which originated from an executive resolution and gained statutory status only in October 2003.